Terms and Conditions

You have been guided here in connection with your use of (the “Website”). The Website is operated by Zaka Money (Pty) Ltd, a company registered in accordance with the laws of the Republic of South Africa under 2021/162949/07 (“Zaka Money”, “we”, “our” or “us”). These Website Terms of Service describe how we offer the Website for your use and the rules that you must comply with when using the Website (the “Website Terms”). By using this Website, you accept these Website Terms and agree to comply with the rules set out in these Website Terms. If you do not agree to these Website Terms, you must not use our Website.

If you do not agree to all of the terms of these Website Terms or do not have the authority to bind your employer or organisation or are otherwise barred from entering into a binding agreement, do not proceed.

DEFINITIONS

In these Website Terms, the following capitalised terms will have the following meanings:

“Intellectual Property Rights” means: (a) any and all intellectual or industrial property rights existing under any Laws anywhere in the world, whether registered or unregistered, including patents, utility model rights, rights in layout-designs (topographies) of integrated circuits, rights in trade secrets, rights in confidential information and know-how, design rights, copyrights (including rights in software), neighbouring rights, database rights or other rights in compilations of data, and any and all rights of a similar nature; and (b) all applications and rights to apply for any of such aforementioned intellectual or industrial property rights, including registrations, renewals and extensions, anywhere in the world;

“Law” means any applicable statute, law, ordinance, regulation, rule, order, constitution, treaty, common law, decree, directive or other requirement having the force of law, of any international, federal, state, provincial, local or foreign government, competition authority or regulatory authority or agency or subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction, whether in existence as of the date of these Website Terms or issued thereafter, and as may be amended or superseded from time to time;

“Scrape” means the use of any web-scraping technologies, including but not limited to screen or web scraping, for the purposes of extracting any source code, data, or any other information or material or intellectual property connected to or otherwise associated with our Website.

In these Website Terms any words following the terms "including", "include", "in particular", "for example" or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.

PRIVACY

You must read our Privacy Policy which applies to the collection and processing of your personal information. By using our Website, you consent to the terms contained in the Privacy Policy.

OUR CONTACT DETAILS

To contact us, please email us at info@zakamoney.com .

USE OF OUR SITE

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website. We will try to give you reasonable notice of any suspension or withdrawal.

You must:

use our Website only for lawful purposes;

configure your own information technology, computer programmes and platform to access our Website; and

use your own virus protection software.

You must not:

reproduce, duplicate, copy or re-sell any part of our Website;

publish any Website material in any media, including any social media platforms;

conduct any systematic or automated data collection activities (including without limitation Scraping, data mining, data extraction and data harvesting) on or in relation to our Website (or any part thereof).

use our Website:

in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

to harm or attempt to harm children;

to bully, insult, intimidate or humiliate anyone;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

in any manner to impact on user access or otherwise slow down traffic on our Website;

misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website;

attack our Website via a denial-of-service attack or a distributed denial-of service attack; or

engage in any other objectionable behaviour or activity in relation to our Website.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page for non-commercial purposes, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must ensure that the destination to which you link our Website does not contain any material that is offensive, discriminatory, illegal, harassing, or otherwise objectionable.

You must not:

establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

establish a link to our Website in any website that is not owned by you;

frame our Website on any other website, nor create a link to any part of our Website other than the home page; or

provide a link that portrays us or any of our Services in a false, misleading, derogatory, or defamatory manner.

We may withdraw linking permission without notice.

INTERACTIVE SERVICES

We may provide interactive services on our Website, for example:

chat rooms; and

bulletin boards (the “Interactive Services”).

If we provide any Interactive Services, we will provide clear information to you about the kind of Interactive Service offered, if it is moderated and what form of moderation is used. We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

YOUR FEEDBACK

Any communications, suggestions, comments, materials, content, ideas or other feedback you provide to us (the “Feedback”) will constitute our Confidential Information. We may use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as we see fit, without any obligation, compensation or restriction of any kind.

You must only provide Feedback to us that relates to our Website or Services and you must ensure that your Feedback is:

accurate (if it states facts);

genuinely held (where it states opinions); and

complies with all applicable Laws.

You must not provide Feedback that:

is deceiving, obscene, offensive, hateful, inflammatory, harassing, upsetting, embarrassing, alarming, threatening, abusive, discriminatory or defamatory;

advocates, promotes, incites anyone to commit, or assists any violent, unlawful, terrorist or criminal act; or

invades anyone's privacy, or causes annoyance, inconvenience or needless anxiety;

promotes sexually explicit material or includes child sexual abuse material;

infringes anyone's Intellectual Property Rights;

breaches any legal duty, such as a contractual duty or a duty of confidence; or

contains any advertising or promotes any services or web links to other sites.

CONTENT ON THIS SITE

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

We may run advertisements and promotions from third parties on our Website or provide information about or links to third-party products, websites, resources or services on our Website, but we have no control over the content thereof. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through our Website.

Our Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us info@zakamoney.com .

MODIFICATIONS

We may amend these Website Terms from time to time. Every time you wish to use our Website, please check these Website Terms to ensure you understand the terms that apply at that time.

We may update and change our Website from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

If you do not agree to a change, you must discontinue your use of our Website. Your continued use of our Website after the date that a change becomes effective constitutes your acceptance of the change.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the material or content published on it. Our Intellectual Property Rights, materials and/or content are protected by copyright laws and treaties around the world. All such rights are reserved.

This Website features logos and other trademarks and service marks that are our property, or the property of our licensors. This Website may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners. You may not use or display them unless you first obtain the written permission of the trademark owner.

DISCLAIMER AND LIMITATION OF LIABILITY

Your use of our Website is at your sole risk. Our Website is provided on an “as is” and an “as available” basis. We disclaim all warranties and representations (express or implied, oral or written) with respect to our Website, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and condition of title.

To the extent permitted by applicable Law:

we do not warrant, and we disclaim all liability for (a) the completeness, accuracy, availability, timeliness, security, or reliability of our Website (including any information or content made available via our Website); (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website; (c) the deletion of, or the failure to store or transmit, any Feedback maintained by our Website; and (d) whether our Website meets your requirements or is available on an uninterrupted, secure, or error-free basis;

we will not be liable to you or any third party for any incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, arising out of or related to these Website Terms or our Website (including any information and content made available via our Website), however caused, regardless of the theory of liability (contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory), even if we have been advised of the possibility of such damages; and

in no event will our aggregate liability arising out of or related to these Website Terms or our Website (including any information or content made available via our Website), exceed ZAR1,000 (one thousand Rand).

BREACH OF WEBSITE TERMS

If we find that you have not used our Website in accordance with these Website Terms, we may take any action we deem appropriate, including but not limited to:

immediately withdrawing your right to use our Website (either temporarily or permanently);

immediately removing any Feedback uploaded by you to our Website;

issuing a warning to you;

instituting legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from your misuse of our Website;

taking further legal action against you; and/or

disclosing any information to a law enforcement or other supervisory authority as we reasonably feel is necessary or is required by Law.

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to: (a) your use of our Website other than in accordance with these Website Terms; and (b) your breach of these Website Terms or applicable Laws. We may, at our option and in our sole discretion, assume full control of the defence of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent.

GOVERNING LAW

The law of the Republic of South Africa govern these Website Terms and your use of the Website. It is technically possible for you to obtain access to this Website from any country in the world, and we have no practical ability to prevent such access. We designed this Website to comply with the laws of the Republic of South Africa. We operate in various countries throughout the world and comply with the laws of the countries in which we operate. If any material on this Website, or your use of it, is contrary to the laws where you are, we do not intend you to use the Website, and we ask you not to use it.

MISCELLANEOUS

Severability. If any provision of these Website Terms is or becomes invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Website Terms will not be impacted.

No waiver. A failure to exercise, or a delay in exercising, a right or remedy provided by these Website Terms or under applicable Law does not constitute a waiver of such right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy provided by these Website Terms or under applicable Law will prevent the further exercise of such right or remedy or the exercise of any other right or remedy.

Entire agreement. These Website Terms constitute the entire agreement between you and Zaka Money in relation to your use of this Website and supersede all previous agreements in respect of your use of this Website.

Headings. The headings of these Website Terms are inserted for convenience of reference only and are not intended to be part of or to affect their meaning or interpretation.

Third party rights. Nothing in these Website Terms comprise a stipulation in favour of any third party or will confer upon any third party any right or benefit.

Version 1 uploaded 8/04/2024